Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices
for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora
Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034,
Disaster Unemployment Assistance (DUA);
97.046, Fire Management Assistance Grant;
97.048, Disaster Housing Assistance to
Individuals and Households In Presidentially
Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance—
Disaster Housing Operations for Individuals
and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals
and Households—Other Needs; 97.036,
Disaster Grants—Public Assistance
(Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.
Brock Long,
Administrator, Federal Emergency
Management Agency.
[FR Doc. 2018–21917 Filed 10–9–18; 8:45 am]
BILLING CODE 9111–11–P

DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[Internal Agency Docket No. FEMA–4398–
DR; Docket ID FEMA–2018–0001]

Guam; Major Disaster and Related
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Notice.
AGENCY:

This is a notice of the
Presidential declaration of a major
disaster for the territory of Guam
(FEMA–4398–DR), dated October 1,
2018, and related determinations.
DATES: The declaration was issued
October 1, 2018.
FOR FURTHER INFORMATION CONTACT:
Dean Webster, Office of Response and
Recovery, Federal Emergency
Management Agency, 500 C Street SW,
Washington, DC 20472, (202) 646–2833.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that, in a letter dated
October 1, 2018, the President issued a
major disaster declaration under the
authority of the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121 et seq.
(the ‘‘Stafford Act’’), as follows:

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SUMMARY:

I have determined that the damage to the
territory of Guam resulting from Typhoon
Mangkhut during the period of September 10
to September 11, 2018, is of sufficient
severity and magnitude to warrant a major
disaster declaration under the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121 et seq. (the
‘‘Stafford Act’’). Therefore, I declare that such
a major disaster exists in the territory of
Guam.

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In order to provide Federal assistance, you
are hereby authorized to allocate from funds
available for these purposes such amounts as
you find necessary for Federal disaster
assistance and administrative expenses.
You are authorized to provide Public
Assistance in the designated areas and
Hazard Mitigation throughout the territory.
Consistent with the requirement that Federal
assistance be supplemental, any Federal
funds provided under the Stafford Act for
Hazard Mitigation will be limited to 75
percent of the total eligible costs. Federal
funds provided under the Stafford Act for
Public Assistance also will be limited to 75
percent of the total eligible costs, with the
exception of projects that meet the eligibility
criteria for a higher Federal cost-sharing
percentage under the Public Assistance
Alternative Procedures Pilot Program for
Debris Removal implemented pursuant to
section 428 of the Stafford Act.
Further, you are authorized to make
changes to this declaration for the approved
assistance to the extent allowable under the
Stafford Act.

The Federal Emergency Management
Agency (FEMA) hereby gives notice that
pursuant to the authority vested in the
Administrator, under Executive Order
12148, as amended, Benigno Bern Ruiz,
of FEMA is appointed to act as the
Federal Coordinating Officer for this
major disaster.
The following areas of the territory of
Guam have been designated as
adversely affected by this major disaster:
The territory of Guam for Public
Assistance.
All areas within the territory of Guam are
eligible for assistance under the Hazard
Mitigation Grant Program.
The following Catalog of Federal Domestic
Assistance Numbers (CFDA) are to be used
for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora
Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034,
Disaster Unemployment Assistance (DUA);
97.046, Fire Management Assistance Grant;
97.048, Disaster Housing Assistance to
Individuals and Households In Presidentially
Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance—
Disaster Housing Operations for Individuals
and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals
and Households—Other Needs; 97.036,
Disaster Grants—Public Assistance
(Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.
Brock Long,
Administrator, Federal Emergency
Management Agency.
[FR Doc. 2018–21925 Filed 10–9–18; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[Internal Agency Docket No. FEMA–4382–
DR; Docket ID FEMA–2018–0001]

California; Amendment No. 3 to Notice
of a Major Disaster Declaration
Federal Emergency
Management Agency, DHS.
ACTION: Notice.
AGENCY:

This notice amends the notice
of a major disaster declaration for the
State of California (FEMA–4382–DR),
dated August 4, 2018, and related
determinations.
DATES: This amendment was issued
October 1, 2018.
FOR FURTHER INFORMATION CONTACT:
Dean Webster, Office of Response and
Recovery, Federal Emergency
Management Agency, 500 C Street SW,
Washington, DC 20472, (202) 646–2833.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that the incident period for
this disaster is closed effective
September 19, 2018.
SUMMARY:

The following Catalog of Federal Domestic
Assistance Numbers (CFDA) are to be used
for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora
Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034,
Disaster Unemployment Assistance (DUA);
97.046, Fire Management Assistance Grant;
97.048, Disaster Housing Assistance to
Individuals and Households In Presidentially
Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance—
Disaster Housing Operations for Individuals
and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals
and Households—Other Needs; 97.036,
Disaster Grants—Public Assistance
(Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.
Brock Long,
Administrator, Federal Emergency
Management Agency.
[FR Doc. 2018–21916 Filed 10–9–18; 8:45 am]
BILLING CODE 9111–11–P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
Determination Pursuant to Section 102
of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996,
as Amended
Office of the Secretary,
Department of Homeland Security.
ACTION: Notice of determination.
AGENCY:

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Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices

The Secretary of Homeland
Security has determined, pursuant to
law, that it is necessary to waive certain
laws, regulations, and other legal
requirements in order to ensure the
expeditious construction of barriers and
roads in the vicinity of the international
land border of the United States in
Cameron County in the State of Texas.
DATES: This determination takes effect
on October 10, 2018.
SUPPLEMENTARY INFORMATION: Important
mission requirements of the Department
of Homeland Security (‘‘DHS’’) include
border security and the detection and
prevention of illegal entry into the
United States. Border security is critical
to the nation’s national security.
Recognizing the critical importance of
border security, Congress has mandated
DHS to achieve and maintain
operational control of the international
land border. Secure Fence Act of 2006,
Public Law 109–367, § 2, 120 Stat. 2638
(Oct. 26, 2006) (8 U.S.C. 1701 note).
Congress defined ‘‘operational control’’
as the prevention of all unlawful entries
into the United States, including entries
by terrorists, other unlawful aliens,
instruments of terrorism, narcotics, and
other contraband. Id. Consistent with
that mandate from Congress, the
President’s Executive Order on Border
Security and Immigration Enforcement
Improvements directed executive
departments and agencies to deploy all
lawful means to secure the southern
border. Executive Order 13767, § 1. In
order to achieve that end, the President
directed, among other things, that I take
immediate steps to prevent all unlawful
entries into the United States, including
the immediate construction of physical
infrastructure to prevent illegal entry.
Executive Order 13767, § 4(a).
Congress has provided to the
Secretary of Homeland Security a
number of authorities necessary to carry
out DHS’s border security mission. One
of those authorities is found at section
102 of the Illegal Immigration Reform
and Immigrant Responsibility Act of
1996, as amended (‘‘IIRIRA’’). Public
Law 104–208, Div. C, 110 Stat. 3009–
546, 3009–554 (Sept. 30, 1996) (8 U.S.C.
1103 note), as amended by the REAL ID
Act of 2005, Public Law 109–13, Div. B,
119 Stat. 231, 302, 306 (May 11, 2005)
(8 U.S.C. 1103 note), as amended by the
Secure Fence Act of 2006, Public Law
109–367, § 3, 120 Stat. 2638 (Oct. 26,
2006) (8 U.S.C. 1103 note), as amended
by the Department of Homeland
Security Appropriations Act, 2008,
Public Law 110–161, Div. E, Title V,
§ 564, 121 Stat. 2090 (Dec. 26, 2007). In
section 102(a) of IIRIRA, Congress
provided that the Secretary of

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SUMMARY:

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Homeland Security shall take such
actions as may be necessary to install
additional physical barriers and roads
(including the removal of obstacles to
detection of illegal entrants) in the
vicinity of the United States border to
deter illegal crossings in areas of high
illegal entry into the United States. In
section 102(b) of IIRIRA, Congress
mandated the installation of additional
fencing, barriers, roads, lighting,
cameras, and sensors on the southwest
border. Finally, in section 102(c) of
IIRIRA, Congress granted to the
Secretary of Homeland Security the
authority to waive all legal requirements
that I, in my sole discretion, determine
necessary to ensure the expeditious
construction of barriers and roads
authorized by section 102 of IIRIRA.
Determination and Waiver
Section 1
The United States Border Patrol’s Rio
Grande Valley Sector is an area of high
illegal entry. For the last several years,
the Rio Grande Valley Sector has seen
more apprehensions of illegal aliens
than any other sector of the United
States Border Patrol (‘‘Border Patrol’’).
For example, in fiscal year 2017 alone,
Border Patrol apprehended over 137,000
illegal aliens. In that same year Border
Patrol seized approximately 260,000
pounds of marijuana and approximately
1,200 pounds of cocaine.
In order to satisfy the need for
additional border infrastructure in the
Rio Grande Valley Sector, DHS will take
action to construct barriers and roads.
DHS will construct mechanical gates
and roads within gaps of existing
barriers in the vicinity of the United
States border in the Rio Grande Valley
Sector. The segments of the border
within which such construction will
occur are referred to herein as the
‘‘project area’’ and are more specifically
described in Section 2 below.
Section 2
I determine that the following areas in
the vicinity of the United States border,
located in Cameron County in the State
of Texas, within the United States
Border Patrol’s Rio Grande Valley
Sector, are areas of high illegal entry
(the ‘‘project area’’):
• Starting approximately three-tenths
(0.3) of a mile west of a gap in the
existing levee wall commonly referred
to as the Anacua gate location, which is
situated at the intersection of Wichita
Street and the International Boundary
and Water Commission (IBWC) levee
approximately one and one-half (1.5)
miles south of the intersection of
Wichita Street with US Route 281, and

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extending to approximately three-tenths
(0.3) of a mile east of the Anacua gate
location.
• Starting approximately three-tenths
(0.3) of a mile west of a gap in the
existing levee wall commonly referred
to as the Webber Road gate location,
which is situated at the intersection of
Webber Road and the IBWC levee
located approximately eight-tenths (0.8)
of a mile southwest of the intersection
of Webber Road with US Route 281, and
extending approximately three-tenths
(0.3) of a mile east of the Webber Road
gate location.
• Starting approximately three-tenths
(0.3) of a mile southwest of a gap in the
existing levee wall commonly referred
to as the Cantu Road gate location,
which is situated at the intersection of
Avilia Road and the IBWC levee located
approximately eight-tenths of a mile
south of the intersection of Avilia Road
with US Route 281, and extending
approximately three-tenths (0.3) of a
mile northeast of the Cantu Road gate
location.
• Starting approximately three-tenths
(0.3) of a mile west of a gap in the
existing levee wall commonly referred
to as the Garza Sandpit Road gate
location, which is situated at the
intersection of the County Road 677 and
the IBWC levee located approximately
two-tenths (0.2) of a mile southwest of
the intersection of County Road 677
with US Route 281, and extending
approximately three-tenths (0.3) of a
mile northeast of the Garza Sandpit
Road gate location.
• Starting approximately three-tenths
(0.3) of a mile northwest of a gap in the
existing levee wall commonly referred
to as the Pool Road gate location, which
is situated at the intersection of
Domanski Drive with the IBWC levee
located approximately one (1) mile
south of the intersection of Domanski
Drive and US Route 281, and extending
approximately three-tenths (0.3) of a
mile southeast of the Pool Road gate
location.
• Starting approximately three-tenths
(0.3) of a mile northwest of a gap in the
existing levee wall commonly referred
to as the Flor De Mayo gate location,
which is situated at the intersection of
Flor De Mayo Road and the IBWC levee
located approximately seven-tenths (0.7)
of a mile southwest of the intersection
of Flor De Mayo Road with US Route
281, and extending approximately threetenths (0.3) of a mile southeast of the
Flor De Mayo Road gate location.
• Starting approximately three-tenths
(0.3) of a mile northwest of a gap in the
existing levee wall commonly referred
to as the Impala Road gate location,
which is situated at the intersection of

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Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices
an unnamed road and the IBWC levee
(said unnamed road is approximately
250 feet long from its point of
intersection with the IBWC levee and a
point located approximately 100 feet
northwest of the intersection of Impala
Drive and Gazelle Avenue) located
approximately one (1) mile east of the
Brownsville/Veterans Port of Entry, and
extending approximately three-tenths
(0.3) of a mile southeast of the Impala
Road gate location.
• Starting approximately three-tenths
(0.3) of a mile west of a gap in the
existing levee wall commonly referred
to as the South Point Road gate location,
which is situated at the intersection of
South Point Road and the IBWC levee
located approximately seven-tenths (0.7)
of a mile south of the intersection of
South Point Road with Southmost
Boulevard, and extending
approximately three-tenths (0.3) of a
mile northeast of the South Point Road
gate location.
• Starting approximately three-tenths
(0.3) of a mile south of a gap in the
existing levee wall commonly referred
to as the Loops Sandpit gate location,
which is situated at the intersection of
an unnamed road and the IBWC levee
located approximately 65 feet east of the
intersection of Alaska Road with S.
Oklahoma Drive, and extending
approximately three-tenths (0.3) of a
mile north of the Loops Sandpit gate
location.
• Starting approximately three-tenths
(0.3) of a mile south of a gap in the
existing levee wall commonly referred
to as the Implement Shed gate location,
which is situated at the intersection of
County Road 142 and the IBWC levee
located approximately 675 feet east of
the intersection of Oklahoma Avenue
with County Road 142, and extending
approximately three-tenths (0.3) of a
mile north of the Implement Shed gate
location.
• Starting approximately three-tenths
(0.3) of a mile south of a gap in the
existing levee wall commonly referred
to as the Florida Road gate location,
which is situated at the intersection of
Florida Road and the IBWC levee
located approximately 600 feet east of
the intersection of Oklahoma Avenue
with Florida Road, and extending
approximately three-tenths (0.3) of a
mile north of the Florida Road gate
location.
There is presently an acute and
immediate need to construct physical
barriers and roads in the vicinity of the
border of the United States in order to
prevent unlawful entries into the United
States in the project area. In order to
ensure the expeditious construction of
the barriers and roads in the project

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area, I have determined that it is
necessary that I exercise the authority
that is vested in me by section 102(c) of
IIRIRA.
Accordingly, pursuant to section
102(c) of IIRIRA, I hereby waive in their
entirety, with respect to the
construction of roads and physical
barriers (including, but not limited to,
accessing the project area, creating and
using staging areas, the conduct of
earthwork, excavation, fill, and site
preparation, and installation and
upkeep of physical barriers, roads,
supporting elements, drainage, erosion
controls, safety features, lighting,
cameras, and sensors) in the project
area, all of the following statutes,
including all federal, state, or other
laws, regulations, and legal
requirements of, deriving from, or
related to the subject of, the following
statutes, as amended: The National
Environmental Policy Act (Pub. L. 91–
190, 83 Stat. 852 (Jan. 1, 1970) (42
U.S.C. 4321 et seq.)); the Endangered
Species Act (Pub. L. 93–205, 87 Stat.
884 (Dec. 28, 1973) (16 U.S.C. 1531 et
seq.)); the Federal Water Pollution
Control Act (commonly referred to as
the Clean Water Act (33 U.S.C. 1251 et
seq.)); the National Historic Preservation
Act (Pub. L. 89–665, 80 Stat. 915 (Oct.
15, 1966), as amended, repealed, or
replaced by Pub. L. 113–287 (Dec. 19,
2014) (formerly codified at 16 U.S.C.
470 et seq., now codified at 54 U.S.C.
100101 note and 54 U.S.C. 300101 et
seq.)); the Migratory Bird Treaty Act (16
U.S.C. 703 et seq.); the Migratory Bird
Conservation Act (16 U.S.C. 715 et seq.);
the Clean Air Act (42 U.S.C. 7401 et
seq.); the Archeological Resources
Protection Act (Pub. L. 96–95 (16 U.S.C.
470aa et seq.)); the Paleontological
Resources Preservation Act (16 U.S.C.
470aaa et seq.); the Federal Cave
Resources Protection Act of 1988 (16
U.S.C. 4301 et seq.); the Safe Drinking
Water Act (42 U.S.C. 300f et seq.); the
Noise Control Act (42 U.S.C. 4901 et
seq.); the Solid Waste Disposal Act, as
amended by the Resource Conservation
and Recovery Act (42 U.S.C. 6901 et
seq.); the Comprehensive Environmental
Response, Compensation, and Liability
Act (42 U.S.C. 9601 et seq.); the
Archaeological and Historic
Preservation Act (Pub. L. 86–523, as
amended, repealed, or replaced by Pub.
L. 113–287 (Dec. 19, 2014) (formerly
codified at 16 U.S.C. 469 et seq., now
codified at 54 U.S.C. 312502 et seq.));
the Antiquities Act (formerly codified at
16 U.S.C. 431 et seq., now codified 54
U.S.C. 320301 et seq.); the Historic
Sites, Buildings, and Antiquities Act
(formerly codified at 16 U.S.C. 461 et

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seq., now codified at 54 U.S.C. 3201–
320303 & 320101–320106); the
Farmland Protection Policy Act (7
U.S.C. 4201 et seq.); the Coastal Zone
Management Act (Pub. L. 92–583 (16
U.S.C. 1451, et seq.)); the Federal Land
Policy and Management Act (Pub. L.
94–579 (43 U.S.C. 1701 et seq.)); the
National Wildlife Refuge System
Administration Act (Pub. L. 89–669, 16
U.S.C. 668dd–668ee); National Fish and
Wildlife Act of 1956 (Pub. L. 84–1024
(16 U.S.C. 742a, et seq.)); the Fish and
Wildlife Coordination Act (Pub. L. 73–
121 (16 U.S.C. 661 et seq.)); the
Administrative Procedure Act (5 U.S.C.
551 et seq.); the River and Harbors Act
of 1899 (33 U.S.C. 403)); the Eagle
Protection Act (16 U.S.C. 668 et seq.);
the Native American Graves Protection
and Repatriation Act (25 U.S.C. 3001 et
seq.); and the American Indian
Religious Freedom Act (42 U.S.C. 1996).
This waiver does not revoke or
supersede the previous waiver
published in the Federal Register on
April 8, 2008 (73 FR 19078), which shall
remain in full force and effect in
accordance with its terms. I reserve the
authority to execute further waivers
from time to time as I may determine to
be necessary under section 102 of
IIRIRA.
Dated: October 2, 2018.
Kirstjen M. Nielsen,
Secretary of Homeland Security.
[FR Doc. 2018–21930 Filed 10–9–18; 8:45 am]
BILLING CODE 9111–14–P

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R2–ES–2018–N094;
FXES11130200000–189–FF02ENEH00]

U.S. Endangered Species; Recovery
Permit Applications
Fish and Wildlife Service,
Interior.
ACTION: Notice of receipt of permit
applications; request for comments.
AGENCY:

We, the U.S. Fish and
Wildlife Service, invite the public to
comment on the following applications
for a permit to conduct activities
intended to recover and enhance
endangered species survival. With some
exceptions, the Endangered Species Act
of 1973, as amended (ESA), prohibits
certain activities that may impact
endangered species unless a Federal
permit allows such activity. The ESA
also requires that we invite public
comment before issuing these permits.

SUMMARY:

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